Marriage in South Dakota

There are several issues that have come to the surface in regard to marriage ceremonies performed in the State of South Dakota.  No public official, lawyer, or legal scholar would give an opinion on the record but certain issues should be in the minds of churches and ministers in regard to marriage.  These items seem to be at issue.
 
  1.   It would appear that any person that a church appoints or designates as appropriate could officially perform a wedding in this state.  No certificate, ordination, or denominational standing is required by the state; it appears whatever your denomination or affiliation requires is adequate.
 
  2.  Any service or recognition of any couple as married "in the eyes of God" or "the Church" that is not accompanied by a South Dakota marriage license would seem to be a violation of state law with severe financial and legal ramifications.  The recognition of same sex unions or recognition of older couples living together would appear to be problematic.
 
  3.  A high ranking official commented to me that religious services that recognize couples before marriage can be legally problematic.  I am not sure what this refers to religiously but would appreciate comments from those of you who might understand that cryptic response.
 
The statutes are available on the State of South Dakota web site and have a good Internet search engine.
 
Please e-mail us at office@accsd.org with your comments or a better understanding of state law.  We would appreciate an attorney's or official clarification of clergy duties and responsibilities and restrictions when it comes to marriage ceremonies.  We had hoped for a definite column on this but were unable to get anyone to make clear declarations.  Be advised, we are not making any legal opinions in this column, but are merely searching for a clear understanding.